Acuña did not claim his brother’s body for fear of reprisal from government authorities, which
was understandable in view of the context, the circumstances of the operation and the way
the success of the operation was later managed;486 (c) after the Fujimori regime had ended,
and he learned that APRODEH was examining the cases of the deaths in operation “Chavín de
Huántar”, he contacted them and took part in identifying his brother’s body and in the DNA
analysis;487 and (d) Edgar Odón Cruz Acuña was one of the plaintiffs in the criminal trial in the
ordinary courts against Vladimiro Montesinos et al. for murder of Eduardo Nicolás Cruz Sánchez
(supra para. 193) and lodged a motion to vacate before the Transitory Criminal Law Chamber
of the Supreme Court (supra para. 228), and so was involved in the criminal proceedings. The
claimant also stated that he had been affected by his brother’s death at the hands of the State
and, among other things, by the sense of injustice. 488
450. The statement delivered by affidavit and the expert testimony received demonstrate
that the death of Eduardo Nicolás Cruz Sánchez caused personal aftereffects for Edgar Odón
Cruz Acuña, creating feelings of fear and defenselessness. Based on these considerations, the
Court concludes that the State violated the right to personal integrity enshrined in Article 5(1)
of the Convention, in injury of Edgar Odón Cruz Acuña, brother of Eduardo Nicolás Cruz
Sánchez, due to suffering caused by the extrajudicial execution of his family member and the
lack of effective investigations.
XII
REPARATIONS
(Application of Article 63(1) of the American Convention)
451. Pursuant to the provisions of Article 63(1) of the American Convention, 489 the Court has
held that every violation of an international obligation which results in harm creates a duty to
make adequate reparation, and that this provision reflects a customary norm that constitutes
one of the fundamental principles of contemporary international law on State responsibility. 490
452. Reparation of harm brought about by the violation of an international obligation consists
in full restitution (restitutio in integrum), which includes the restoration of the prior situation.
If this is not possible, as in most cases of human rights violations, the Court will order measures
to guarantee the rights that have been violated and to redress the consequences of the
violations491. Therefore, the Court has found it necessary to award different measures of
to 20626), and witness statement by Edgar Odón Cruz Acuña before the Third Special Criminal Chamber, June 24,
2002 (evidence file, volume XXVII, CVR evidence, folios 19658 to 19660).
Cf. Statement before a public attestor by Edgar Odón Cruz Acuña, January 28, 2014 (evidence file, affidavits,
volume XXX, folios 20625 to 20632), and witness statement by Edgar Odón Cruz Acuña before the Third Special
Criminal Chamber, June 24, 2002 (evidence file, volume XXVII, CVR evidence, folios 19658 to 19660).
486
Cf. Statement before a public attestor by Edgar Odón Cruz Acuña, January 28, 2014 (evidence file, affidavits,
volume XXX, folios 20625 to 20632).
487
Cf. Statement before a public attestor by Edgar Odón Cruz Acuña, January 28, 2014 (evidence file, affidavits,
volume XXX, folios 20625 to 20632), and expert psychological statement by Viviana Valz Gen Rivera, January 19,
2014, legalized before a public attestor (evidence file, affidavits, volume XXX, folios 20683 to 20689 and 20696).
488
Article 63(1) of the Convention says, “[i]f the Court finds that there has been a violation of a right or freedom
protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or
freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that
constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party.”
489
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of Espinoza Gonzáles v. Peru, supra, para. 300.
490
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, para. 26, and Case of Rodríguez
Vera et al. (the Disappeared from the Palace of Justice) v. Colombia, supra, para. 543.
491
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